What you need to know Security Investments – Bank Bills Product Information Document* Issue date: 14 September 2010 Issued by: Commonwealth Bank of Australia ABN 48 123 123 124 AFSL 234945 You should read all sections of this Product Information Document before making a decision to acquire this financial product. As the information in this document has been prepared without considering your objectives, financial situation or needs, you should, before acting on the information, consider its appropriateness to your circumstances. *Please note that this product is not regulated under the Corporations Act 2001. Contents General Information2 Features at a glance 2 Purpose of a Product Information Document (PID) 3 What are Security Investments – Bank Bills? 3 What is a prime bank? 4 Who are Bank Bills suitable for? 4 How are interest rates determined? 4 How does a Bank Bill work? 4 Repurchasing a Bank Bill 5 What are the significant benefits of a Bank Bill? 6 What are the significant disadvantages of a Bank Bill? 6 What are the significant risks? 7 How do I invest in a Bank Bill? 7 How do I set up an account operating authority? 7 Severance8 What are the costs involved in a Bank Bill? 8 Are there any tax implications I should be aware of? 8 What if I have a complaint? 8 Customer information and privacy 9 Definitions11 APPENDIX A – Fees and Government taxes 12 1 General Information Features at a glance Significant benefits Security of a fixed interest rate. Significant risksYou may receive back less than your purchase price if you request the Bank to repurchase your investment. You may be exposed to another bank’s credit risk if your Bank Bill is not accepted or endorsed by the Commonwealth Bank of Australia. Minimum investment amount$100,000.00. Terms availableFrom 1 day to 185 days. Interest ratesCurrent interest rates are available on request from your relationship manager or any branch of the Bank. Payment of earningsAt maturity. Fees and chargesNo Bank fees or charges are applicable. For further information see Appendix A. Withdrawals in advance of maturityAt the discretion of the Bank. May be repurchased partially or in full, subject to certain conditions. Repurchase priceA repurchase price will be calculated by reference to the repurchase amount, the remaining term of the investment and the repurchase rate. The information in this Product Information Document (PID) is subject to change from time to time and is up to date as at the date stated on the cover. Where the new information is materially adverse information, the Bank will either issue a new PID or a supplementary PID setting out the updated information. Where the new information is not materially adverse information, we will not issue a new PID or supplementary PID to you, but you will be able to find the updated information on our web site commbank.com.au or you can call 13 2221. If you ask us to, we will send you a paper copy of the information. 2 GENERAL INFORMATION Purpose of a Product Information Document (PID)* What are Security Investments – Bank Bills? A PID aims to provide you with enough information to help you decide whether the product will meet your needs. It also helps you to compare the product with others you may be considering. A Security Investment – Bank Bill (Bank Bill) is a short term investment in an underlying security being either a bank accepted or bank endorsed bill of exchange (as explained below) where the term of the security is for a period of 185 days or less. The interest rate applicable on the Bank Bill is determined on the deal date by reference to prevailing market interest rates and is fixed for the term of the investment. This PID provides information about a product called a Security Investment – Bank Bill (Bank Bill). If you decide to invest in a Bank Bill, you should keep this PID and all other documentation relating to your Bank Bill for future reference. If you have any questions or wish to contact us call 13 2221 between 8am and 8pm, Monday to Friday, visit our web site at commbank.com.au, or call into any branch of the Commonwealth Bank of Australia (the Bank). To assist you in understanding this PID, the definition of some words is provided in the “Definitions” section on page 11. When used in this PID, these words usually appear in italics. Bank accepted bill A bank accepted bill is a bill of exchange that has been accepted by a bank. This means that the accepting bank is obliged to pay the face value of the bill to you on the maturity date. For a Bank Bill, the Bank will only sell you bank accepted bills that have been accepted by a prime bank. Bank endorsed bill A bank endorsed bill is a bill of exchange that has been endorsed by a bank. This means that the endorsing bank is obliged to pay the face value of the bill at maturity to you should the acceptor or drawer of the bill be unable to do so. For a Bank Bill, the Bank will only sell you bank endorsed bills that have been endorsed by a prime bank. Bank bills are discount securities, meaning they are issued and on-sold to investors at a discount to their face value. Refer to the “How does a Bank Bill work?” section in this PID for more information on how this product works. *P lease note this product is not regulated under the Corporations Act 2001. As a result you should understand that access to certain remedies under the Corporations Act 2001 may not be available. 3 How are interest rates determined? What is a prime bank? According to the Australian Financial Markets Association (AFMA), to be considered a prime bank, a bank must: nbe an Australian Prudential Regulation Authority (APRA) Authorised Deposit-Taking Institution and classified by APRA as: an “Australian-owned Bank”; a “Foreign Subsidiary Bank”; or a “Branch of a Foreign Bank” that is authorised to carry on banking business pursuant to the Banking Act 1959 (as amended) or “comparable legislation in its country of origin”; and nbe rated by Standard & Poor’s as having a short term rating of A1+ and a long term rating of at least AA-. It is also expected that its acceptances or negotiable certificates of deposit trade at the lowest benchmark yield, as determined by the market. The lowest benchmark yield, for a given term, is determined with regard to the credit quality and liquidity of the underlying bank. The rate of interest is based on the prevailing market interest rate. The market interest rate is adjusted by a margin that reflects the following factors: nan allowance for the Bank’s business costs, both fixed and variable; nthe Bank’s profit margin; and nrisks (if any) associated with the product. The margin may vary from time to time due to changed market conditions, the relative liquidity of the bank bill market, and the timing of the transaction. Details of current interest rates are available on request from your relationship manager or any branch of the Bank. How does a Bank Bill work? On the deal date On the deal date, you agree with the Bank the term and either the face value or the purchase price of your investment as well as the interest rate that will be applied to your Bank Bill. A listing of prime banks is accessible via the AFMA web site www.afma.com.au or upon request from your relationship manager or any branch of the Bank. The Bank then applies the following formulae to calculate either the purchase price or the face value of your Bank Bill. The purchase price is payable by you on the deal date. Banks that are not defined as a prime bank under the AFMA definition will be classified as non-prime banks for the purposes of this PID. If you nominate a specific face value, the purchase price is calculated as follows: Who are Bank Bills suitable for? Situations in which Bank Bills may be appropriate are: nyou have $100,000.00 or more to invest; nyou are seeking an investment for a term of 185 days or less; If you nominate a specific purchase price, the face value is calculated as follows: nyou are seeking a return that is referenced to prevailing market interest rates; or nyou believe that market interest rates will remain steady or fall in the near term. 4 GENERAL INFORMATION Shortly after the deal date of your investment, the Bank will send you a confirmation letter disclosing the security type, the interest rate, face value and term of the investment. You should retain the confirmation letter for tax purposes as the Bank will not send you an end of year summary of earnings. receive the face value of $200,000.00 and your investment earnings will be $2,194.82 (i.e. $200,000.00 - $197,805.18 = $2,194.82). You may choose to link your Bank Bill to a Cash Deposit Account (CDA) with the Bank. Refer to the CDA Terms and Conditions for more information. This document is available at commbank.com.au, or upon request from your relationship manager or from any branch of the Bank. * Examples are used for illustrative purposes only. The Bank will hold your Bank Bill free of charge on a safe custody basis. Example 2* You have $150,000.00 and wish to purchase a Bank Bill with a purchase price of $150,000.00 for a term of 90 days. The Bank quotes to you an interest rate of 4.50% per annum, which you accept. Your face value is calculated as follows: On the maturity date On the maturity date, given the accepting or endorsing bank meets its obligation to pay the face value, the Bank will pay to you the face value of the investment. The difference between the purchase price and the face value is the earnings on your investment. Prior to the maturity date, you may contact the Bank with your instructions for the maturing Bank Bill. You may choose to invest in another Bank Bill or request the face value (proceeds) to be paid into your nominated bank account on the maturity date. If, on the maturity date, the Bank has not received instructions from you, we will: nautomatically reinvest the proceeds into a Bank Bill for a similar term at the prevailing interest rate on that day; or nwhere the Bank Bill is linked to a CDA, we will pay the proceeds from your Bank Bill into an At Call Deposit within that CDA at the prevailing interest rate. If the proceeds are reinvested into a Bank Bill, the interest rate applicable to the new Bank Bill may be different from the interest rate applied in the previous term. The following examples illustrate the way the purchase price or face value of a Bank Bill is calculated. Example 1* You wish to purchase a Bank Bill with a face value of $200,000.00 for a term of 90 days. The Bank quotes to you an interest rate of 4.50% per annum, which you accept. Your purchase price is calculated as follows: On the deal date, you pay the purchase price of $150,000.00. On the maturity date, you will receive the face value of $151,664.38 and your investment earnings will be $1,664.38 (i.e. $151,664.38 - $150,000.00 = $1,664.38). * Examples are used for illustrative purposes only. Repurchasing a Bank Bill Requests for a repurchase are to be submitted to your relationship manager or any branch of the Bank. Requests for a repurchase are at the discretion of the Bank. Repurchases can be for a partial amount (partial repurchase) or the full amount (full repurchase) of your investment. For a partial repurchase, the minimum repurchase amount is a face value of $25,000.00, and a residual balance of a minimum face value of $50,000.00 must be maintained. The residual component of your Bank Bill will continue to earn the original interest rate. For a repurchase, the Bank will calculate a repurchase price payable to you. The repurchase price will be calculated using a repurchase rate, which has been determined by the Bank acting reasonably based on the following factors: n face value to be repurchased; nprevailing market interest rates on the repurchase date; nremaining term to maturity; nthe cost incurred by the Bank to settle your repurchase; and nthe On the deal date, you pay the purchase price of $197,805.18. On the maturity date, you will status of the accepting or endorsing bank on the repurchase date (i.e. whether they are defined as a prime bank or a non-prime bank). 5 What are the significant benefits of a Bank Bill? The repurchase price is calculated as follows: Benefits include: n your interest rate is set by reference to prevailing market interest rates and is fixed for the term of your investment; n a wide range of terms are available ranging from 1 day to 185 days; n no Depending on the factors mentioned above, on the repurchase date you may receive a repurchase price that is: n equal to your purchase price; or n less than your purchase price; or n more than your purchase price. The Bank will notify you verbally of the repurchase price as soon as practicable after making this calculation. If you accept the repurchase price, the Bank will then send you a letter confirming the details of your repurchase. Example 3* Following on from Example 1, you originally purchased a 90 day Bank Bill with a face value of $200,000.00 at an interest rate of 4.50% per annum. The purchase price was $197,805.18. You request the Bank to repurchase your investment in full with 30 days remaining until the maturity date and the Bank agrees to your request. Market interest rates have risen since the deal date and the Bank calculates a repurchase rate of 5.10% per annum. The repurchase price is calculated as follows: On the deal date, you paid $197,805.18 for the investment. On the repurchase date, you receive $199,165.14, therefore your earnings on the Bank Bill will be $1,359.96 (i.e. $199,165.14 - $197,805.18 = $1,359.96). * Examples are used for illustrative purposes only. The actual repurchase price of your repurchase will depend on prevailing market interest rates on the repurchase date. Although in this example your earnings are positive, your earnings could be negative depending on interest rate movements. In the event of a repurchase, the actual rate of return on your investment is impacted by the repurchase rate and the period for which the Bank Bill was held and may vary from your original expected rate of return. 6 GENERAL INFORMATION transaction or account keeping fees are applicable (refer to Appendix A for more information); n the Bank will hold your Bank Bill on a safe custody basis free of charge; and n you are protected against falling interest rates during the term of your investment. What are the significant disadvantages of a Bank Bill? Disadvantages include: n you may not be able to invest to the exact maturity date that you require as terms are subject to the availability of bank bills on issue; n you cannot benefit from increases in market interest rates that may occur during the term of the Bank Bill as your interest rate is fixed for the term; n requests to the Bank for a repurchase are subject to the Bank’s discretion; and n in the event of a repurchase, you may receive back less than your purchase price (refer to the “Repurchasing a Bank Bill” section for more information). What are the significant risks? Interest rate markets may be volatile. Investments in these markets may involve actual losses if you request the Bank to repurchase the Bank Bill prior to maturity. Monitoring of any risks associated with this product is your responsibility. Market risk Market risk is the risk that prices including interest rates will move adversely. As the rate of return that you receive on your Bank Bill and the term of the investment are both fixed, you forgo the opportunity to benefit from any rise in market interest rates during the term. You should ensure that you are able to monitor and value the relevant interest rate movements when investing in a Bank Bill. The Bank may be dealing on its own account in interest rate markets and such dealings may influence interest rates. affect you, if you seek a repurchase of your Bank Bill prior to the maturity date. In the case of a repurchase In the case of a repurchase of your Bank Bill, the repurchase price payable to you may be less than your purchase price due to interest rate movements and the term you held your investment for. Additionally, any change in the accepting or endorsing bank’s prime bank status, that has taken place since the deal date, could result in a higher repurchase rate than otherwise would have been offered to you. For more details, see the section on “Repurchasing a Bank Bill” in this PID. These are the most significant risks. However, there may be other considerations that are relevant to you should you invest in a Bank Bill. You should obtain your own independent professional advice to determine whether the investment is appropriate to your particular circumstances. Credit risk Credit risk is common to all investment products that you may hold with the Bank. In all cases, you are reliant on the ability of the respective banks accepting or endorsing the Bank Bill to meet their obligations to you for this product. In some cases, the Bank Bill sold to you may not be accepted or endorsed by the Commonwealth Bank of Australia, in which case, the obligation to pay to you the face value at maturity will lie with that other bank. Legal Risk Australia, as a member state of the United Nations, is obliged to implement United Nations Security Council sanctions. Australia also may be required to implement other international sanctions and sometimes imposes unilateral sanctions. Sanctions can cover various subject matters including financial restrictions. Consequently, the Bank may be prohibited from dealing with certain persons or entities. This means that if the Bank is aware that you are a proscribed person or entity, then the Bank may be required to suspend, cancel or refuse you services or close or terminate any account, facility, transaction, arrangement or agreement with you. We may also be required to freeze assets of yours. You could incur significant costs as a result of these actions. Change in prime bank status If you choose to invest in a Bank Bill, there is a risk that the status of the accepting or endorsing bank may change from being a prime bank to a non-prime bank during the term of the investment. This may How do I invest in a Bank Bill? To invest in a Bank Bill, contact your relationship manager or any branch of the Bank. Shortly after the deal date, the Bank will send you a letter to confirm the details of your investment. Opening a Bank Bill is conditional upon: n You providing the Bank with the necessary identification information it requires; and nThe Bank carrying out any necessary verification check(s). In opening this account you acknowledge that the name(s) of any individuals given to the Bank are true and correct and that the law prohibits the use of false names, as well as the giving, use or production of false names and misleading information or documents in connection with provision of financial services and the making, possession or use of a false document in connection with an identification procedure. How do I set up an account operating authority? When you open a Security Investment, you are required to provide us with the following Account Operating Authority (‘the Authority’) details: (i) all signatories who are authorised to operate on the Bank Bill, and 7 (ii) the method of operation e.g. any one to sign, any two to sign, the Treasurer plus one to sign etc. We will act upon this Authority until you vary or cancel it. If you wish to vary the Authority by changing (i) or (ii) above, or cancel the Authority, you must give notice in writing to the Branch where the account is conducted. Upon receiving such notice, the Authority will be varied or cancelled. All instructions dated prior to and presented for payment after the receipt of such notice in writing, will be honoured for payment. Any instructions given by you in accordance with the Authority will be relied on by the Bank. We will not be liable for any loss or damage you or anyone else suffers where the Bank acts on those instructions in good faith and without negligence. This service when supplied to you as a consumer comes with a non-excludable warranty under consumer protection laws that it will be carried out with due care and skill and be reasonably fit for the purpose. If we breach any of those warranties you may be entitled to compensation. When you are not a consumer under consumer protection laws, our liability for loss or damage is limited to re-supplying the service to you or paying the costs of having the service resupplied to you. When you are a consumer under consumer protection laws, our liability is limited in this way only to the extent permitted by those laws. Scope of account operating authority The signatories who are authorised to operate the account in accordance with the specified method of operation, may act on the account and deal with the Bank in the following manner: nWithdraw moneys in any manner; arrangements with the Bank on all matters relating to the issue of Encashment Authorities, Documentary Credits and authorities to negotiate; nChange the mailing address; nOpen new account/s with the Bank, provided they have the same authorised signatories and method of operation as the Account Operating Authority; nObtain statements of account and any information required concerning the account/s generally; and nEndorse cheques, bills, promissory notes or other instruments payable to the order of the Account Holder or if this is a joint account, payable to any one or more of you and intended for collection, discount or negotiation and credit of proceeds to your account/s. nMake Severance If any provision of this PID is found to be illegal, void or unenforceable for unfairness or any other reason (for example, if a court or other tribunal or authority declares it so) the remaining provisions of this PID will continue to apply to the extent possible as if the void or unenforceable part had never existed. 8 GENERAL INFORMATION What are the costs involved in a Bank Bill? There are no Bank fees or charges applicable to this product. Refer to Appendix A in this PID for more information on fees and Government taxes. Are there any tax implications I should be aware of? Investing and dealing with investments has tax and often social security implications. These can be complex and are invariably particular to your circumstances. Investment income in the form of earnings on a Bank Bill is generally taxable income. You should discuss the timing and derivation of this income with your independent professional tax adviser. If you are a non-resident, the Bank is obliged by law to deduct non-resident withholding tax from the earnings on your investment. What if I have a complaint? Please contact your relationship manager or the manager of the department that handled the matter and explain the problem. Our staff will review the situation and, if possible, resolve it immediately. If the matter has not been resolved to your satisfaction, please contact our Customer Relations team via: nour web site at: commbank.com.au/contactus/comment.asp; ntelephone nfacsimile nwriting 1800 805 605; 1800 028 542; or to: Customer Relations Commonwealth Bank Reply Paid 41 Sydney NSW 2001 If after giving us the opportunity to resolve your complaint, you feel we have not resolved it satisfactorily, you may also lodge a written complaint with the Financial Ombudsman Service Limited at: Financial Ombudsman Service Limited GPO Box 3 Melbourne VIC 3001 Telephone 1300 780 808 Facsimile 03 9613 6399 website www.fos.org.au Code of Banking Practice The relevant provisions of the Code of Banking Practice apply to your Bank Bill if invested in by an individual, or by a small business customer. The Code is a voluntary code of conduct which sets standards of good banking practice for us to follow when dealing with you. The Better Banking Book contains useful information on a range of banking matters. These include the rights and obligations that arise out of the banker and customer relationship, account opening procedures, the Bank’s obligations regarding confidentiality of your information, complaint handling procedures, bank cheques, the importance of you informing the Bank promptly when you are in financial difficulty, and the importance of you reading the terms and conditions to any banking service provided to you or in which you are interested. Copies of the Code of Banking Practice and The Better Banking Book are available at commbank.com.au or upon request from your relationship manager or any branch of the Bank. Customer information and privacy Collection and verification of customer information “Customer information” is information about a customer. It includes personal information.The law requires us to identify our customers. We do this by collecting and verifying information about you. We may also collect and verify information about persons who act on your behalf. The collection and verification of information helps to protect against identity theft, money-laundering and other illegal activities. We use your customer information to manage our relationship with you, provide you with the products and services you request and also tell you about the products and services offered by the Commonwealth Bank Group (“Group”), affiliated providers and external providers for whom we act as agent. If you have given us your electronic contact details, we may provide marketing information to you electronically. The collection and verification of customer information may be carried out in different ways and we will advise you of the most acceptable methods of doing this. We may disclose your customer information in carrying out verification – e.g. we may refer to public records to verify information and documentation, or we may verify with an employer that the information you have given us is accurate. Depending on whether you are an individual or an organisation, the information we collect will vary. For instance, if you are an individual, the type of information we may collect and verify includes your full name, date of birth and residential address. If you are commonly known by 2 or more different names, you must give us full details of your other name or names. For instance, if you are a company, we may collect and verify information, including company incorporation and registration details, as well as details of the company’s officers and its major shareholders. If you are acting as a trustee, we may ask you for, amongst other things, information on the beneficiaries of the trust and evidence of the existence of the trust. If you are a partnership, we may require information including evidence of the fact that the partnership exists, as well as the full name of the partnership, the names of the partners and any business name owned by the partnership. For other organisations, the kind of information we collect and verify will depend on the type of organisation you are. In addition, during your relationship with us, we may also ask for and collect further information about you and about your dealings with us. You must provide us with accurate and complete information. If you do not, you may be in breach of the law and also we may not be able to provide you with products and services that best suit your needs. Protecting customer information We comply with the National Privacy Principles as incorporated into the Privacy Act 1988 (Cth). We disclose customer information to other members of the Group (including overseas members), so that the Group may have an integrated view of its customers and to facilitate the integrated treatment of its customers. It also enables other members of the Group to provide you with information on their products and services. Other disclosures At common law, banks are permitted to disclose customer information in the following circumstances:1.1 where disclosure is compelled by law; or 1.2 where there is a duty to the public to disclose; or 1.3 where our interests require disclosure; or 1.4 where disclosure is made with your express or implied consent. 9 So that we can manage our relationships, customer information may be disclosed to: n brokers and agents who refer your business to us; any person acting on your behalf, including your financial adviser, solicitor, settlement agent, accountant, executor, administrator, trustee, guardian or attorney; Access to your personal information The law allows you (subject to permitted exceptions) to access your personal information. You can do this by contacting: n n financial institutions who request information from us if you seek credit from them; n if you have borrowed from the Bank to purchase property valuers and insurers (so that the Bank can obtain a valuation of your property, and confirm that it is insured); n if you have insurance: medical practitioners (to verify or clarify, if necessary, any health information you may provide), claims investigators and reinsurers (so that any claim you make can be assessed and managed), insurance reference agencies (where the Bank is considering whether to accept a proposal of insurance from you and, if so, on what terms); and n organisations to whom we may outsource certain functions. In all circumstances where our contractors, agents and outsourced service providers become aware of customer information, confidentiality arrangements apply. Customer information may only be used by our agents, contractors and outsourced service providers for our purposes. We may be required to disclose customer information by law, e.g. under Court Orders or Statutory Notices pursuant to taxation or social security laws or under laws relating to sanctions, anti-money laundering or counter terrorism financing. We may send customer information overseas if: n that is necessary to complete a transaction, or n we outsource certain functions overseas. We may also be permitted, as distinct from required, to disclose information in other circumstances. For more information, please refer to our Privacy Policy. 10 GENERAL INFORMATION Customer Relations Commonwealth Bank Reply Paid 41 Sydney NSW 2001 We may charge you for providing access. Further information For further information on our privacy and information handling practices, please refer to the Group’s Privacy Policy, which is available at commbank.com.au or upon request from any branch of the Bank. Definitions “safe custody” An arrangement where the Bank agrees to hold a security purchased by you on your behalf. the “Bank”; “our”; “us”; “we” Commonwealth Bank of Australia ABN 48 123 123 124. “bank accepted bill” A bill of exchange which has been issued by a drawer and that is subsequently accepted by a bank. If the bank accepted bill is subsequently on-sold to an investor, the accepting bank is obliged to pay the face value of the bill at maturity to that investor. “security(ies)” Either a bank accepted bill or a bank endorsed bill. “term” The period from the deal date to the maturity date. “you”; “your” The customer who is the person or persons or entity in whose name the Bank Bill is held. “bank bill” A bank accepted bill or a bank endorsed bill. “bank endorsed bill” A bill of exchange which has been issued by a drawer and that is subsequently endorsed by a bank. If the bank endorsed bill is subsequently on-sold to an investor, the endorsing bank is obliged to pay the face value of the bill at maturity to the investor should the acceptor or the drawer of the bill be unable to do so. “bill of exchange” or “bill” A negotiable instrument regulated by the Bills of Exchange Act 1909 (Cth). “deal date” The date on which you enter into a Bank Bill with the Bank. “face value” The amount payable to you on the maturity date of a Bank Bill. “maturity date” The date on which your Bank Bill ends and the face value becomes available to you. “purchase price” The cost of the Bank Bill to the customer. “repurchase” Where you wish to redeem all or part of your Bank Bill prior to the maturity date, you may request the Bank to buy back from you all or part of the face value of your Bank Bill. Definitions 11 APPENDIX A Fees and Government taxes Bank fees There are no transaction or account keeping fees as the interest rate has been adjusted by a margin that reflects the costs incurred. Some related products and services, such as bank cheques and telegraphic transfers, will incur a separate fee. These fees will be set out in the PDS, terms and conditions or fees and charges brochures for these other products and services. Government taxes If you are a non-resident, the Bank is obliged by law to deduct non-resident withholding tax from the earnings on your investment. Your Bank Bill may also be subject to Government taxes and duties (if any). These may vary from State to State. 12 APPENDIX A ADB2760 010910 Commonwealth Bank of Australia ABN 48 123 123 124